Days old faulty contract mobile phone supplied, refusing replacement/repair due to "scratch" .

busygettingboosted

Hi,

I'm hoping someone can advise me where to go from here I'll outline the details the best I can.

I purchased a mobile phone with a contract through an online company called Mobile Phones Direct, they're part of AO retail. The phone arrived next day everything was great this was on the 17th of March. I put my existing sim card in the phone and started to use it, with a view to activating the new one later. A few days later I was in the garden and went to take a picture of my son, I noticed that the photos in daylight all have a bad rainbow effect on them.

I contacted the company and told them the issue and they arranged a return of the phone at my expense, this was sent back and a week or so later I received an email stating they could not cancel the order as the screen had a scratch on it and it was going to be sent back to me, I'm not disputing a scratch as I don't use a case - although it must be very minor as I don't have it in pockets with keys etc. I called them and they said it was processed as a change of mind return and as such it couldn't be cancelled as they couldn't resell it, I hadn't changed my mind the camera was faulty! They said they'd email the warehouse get someone to look at the camera issue and call me back - they didn't call back.

I called again a few days later and was told that I'd have to take it in to apple for repair as they wouldn't repair any phones and it couldn't be exchanged because of a scratch. The phone is a Samsung phone. Again I was told they'd get someone to look into the issue and call me back - again no call back.

I hadn't heard from anyone, and received an email today from DPD saying the phone would be delivered to me tomorrow, I thought maybe it had been repaired. I called to check the status of the phone and was told again it wouldn't be replaced or repaired due to the scratch and I had no rights under warranty with them and would have to contact Samsung. As it stands it is getting delivered back tomorrow and they are escalating the case to a manger to look at and they will call me back.

Hopefully someone on here can give me an idea of what best to do, I don't want a phone that cant take pictures. I have told them I don't care if it is replaced or repaired, they just seem to be either not listening or purposely being difficult.

Thanks.

shiraz99

You need to make sure they understand that you're not trying to "cancel" the contract but you are returning the phone because it is faulty. At the moment it seems they are treating this as a change of mind return.

As you've only had the phone since the 17th March you will be entitled to reject it for a full refund as it's within the statutory 30 day window for your right to reject.

busygettingboosted

shiraz99 said:

You need to make sure they understand that you're not trying to "cancel" the contract but you are returning the phone because it is faulty. At the moment it seems they are treating this as a change of mind return.

As you've only had the phone since the 17th March you will be entitled to reject it for a full refund as it's within the statutory 30 day window for your right to reject.

Hi, I tried to say cancel it then and they said they couldn't as the phone has a scratch. I'm not sure what to do to be honest. They are going to call me tomorrow to let me know the senior managers decision. Ideally I'd like to just cancel it now as they way they have behaved is incompetent at best, dishonest at worst.

Alderbank

For a distance purchase you are allowed to examine the goods 'as you would in a shop' before exercising your right to cancel.

I purchased a mobile phone with a contract through an online company called Mobile Phones Direct...I put my existing sim card in the phone and started to use it.... A few days later I was in the garden...
They arranged a return of the phone...they stated they could not cancel the order as the screen had a scratch on it and it was going to be sent back to me

Your difficulty might be persuading them that you had only examined the phone as you would in a shop when in fact you had put your simcard in it and used in your pocket and as your regular phone for several days.